ADVANCE® and Pharmacy Profiles User Agreements

ADVANCE® USER AGREEMENT TABLE OF CONTENTS
Effective on November 1, 2019

ADVANCE® is a professional development tool for pharmacists, student pharmacists and pharmacy technicians to easily create a personalized plan that purposefully aligns professional and personal opportunities, interests and experiences to drive individual growth and achieve incremental goals.

  1. Introduction

1.1 User Agreement

1.2 Access to Information within ADVANCE®

1.3 Who this User Agreement Applies to

1.4 ADVANCE®

1.5 Change

  1. Obligations and Limits

2.1 Service Eligibility

2.2 Your Account

2.3 Payment

2.4 Notices and Service Messages

2.5 Limits

2.6 Service Availability

  1. Rights and Information

3.1. Pharmacy ProfilesTM

3.2. Information from Members

3.3 Our Use of Pharmacist Information

3.4 Members Who Close their Account

3.5 Intellectual Property Rights

3.6 Suggestions and Feedback

  1. Disclaimer and Limit of Liability

4.1 No Warranty

4.2 Exclusion of Liability

  1. Termination
  2. Dispute Resolution
  3. General Terms
  4. ADVANCE® “Do’s” and “Don’ts”

8.1. Do’s

8.2. Don’ts

  1. How to Contact Us

 

PHARMACY PROFILES USER AGREEMENT TABLE OF CONTENTS

Effective on November 1, 2019

Our mission is to serve as a trusted and verified repository of the nation’s pharmacist providers, to enable the nation’s pharmacists, student pharmacists and other users to manage their professional information all in one place, and to provide a single source for employers, health plans, payers, pharmacy networks, government, schools of pharmacy and others to validate professional information about pharmacists, student pharmacists and others.

  1. Introduction

                           1.1 User Agreement

1.2 Your Profile

1.3 Who this User Agreement Applies to

1.4 Pharmacy Profiles

1.5 Change

  1. Obligations and Limits

                           2.1 Service Eligibility

2.2 Your Account

2.3 Payment

2.4 Notices and Service Messages

2.5 Limits

2.6 Service Availability

  1. Rights and Information

                           3.1. Pharmacy Profiles: Member Information

3.2. Pharmacy Profiles: Information from Members

3.3 Pharmacy Profiles: Our Use of Member Information

3.4 Members Who Close their Account

3.5 Intellectual Property Rights

3.6 Suggestions and Feedback

  1. Disclaimer and Limit of Liability

                           4.1 No Warranty

4.2 Exclusion of Liability

  1. Termination
  2. Dispute Resolution
  3. General Terms
  4. Pharmacy Profiles “Do’s” and “Don’ts”

                           8.1. Do’s

8.2. Don’ts

  1. How to Contact Us

 

 

ADVANCE USER AGREEMENT

  1. Introduction

1.1 User Agreement

When you use ADVANCE® Services, you agree to all of the terms contained in this User Agreement. Your use of these Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your information. You agree that by clicking “Sign Up” or similar language, or registering on our site, or accessing or using our Services (described below), you are agreeing to enter into a legally binding agreement with ADVANCE®. If you do not agree to this User Agreement, do not click “Create Account” (or similar language), and do not access or otherwise use any of our Services. Your use of our Services is also subject to our Privacy Policy.

1.2 Access to Information within ADVANCE®

By signing up for ADVANCE®, you agree and consent to the following:

ADVANCE® will access your profile from Pharmacy Profiles™ populating your CPD plan with information on your professional credentials and licensure, completion of ACPE approved continuing education programs, leadership and management experiences, and other information contained in your pharmacist Profile. Participation in ADVANCE® is voluntary. We encourage you to visit your profile often and keep it up to date.  Please also review your account settings, as they may affect what information is visible or available to subscribers of ADVANCE®.

1.3 Who this User Agreement Applies to

This User Agreement applies to advancecpd.com and other ADVANCE®-related sites, communications, and services that are offered under this User Agreement (“Services”). Registered users of our Services are “Members.” Pharmacist employers, schools and colleges of pharmacy, and others who contract for ongoing access to the platform are “Subscribers.” This User Agreement applies to all of the above.

When you sign up for and join ADVANCE®, you become a Member or a Subscriber. If you have chosen not to sign up for our Services, you may access certain features as a Visitor.

Subscribers of ADVANCE® are also subject to the terms of separate Subscriber Agreements that will detail the Services to be provided, reporting, fees, and other terms and conditions of participation and service, which, if different from this User Agreement, will take precedence over this User Agreement.

1.4 ADVANCE®

You are entering into this User Agreement with ADVANCE® (also referred to as “we” and “us”).  ADVANCE® is a service of the American Pharmacists Association.

1.5 Change

We may modify this User Agreement and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice on our site or as part of our Services to you, or by other means, to provide you the opportunity to review the changes. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

  1. Obligations and Limits

2.1 Service Eligibility

Here are the promises you make to us in this User Agreement:

  • You are eligible to enter into this User Agreement. If you are a Member, you currently have or have previously obtained a license as a pharmacist in at least one state or territory in the United States.
  • To use the Services as a Member, you agree that you will only have one Pharmacy Profiles™ account, which must be in your real name.
  • To use the Services as a Member, you agree that you will only have one ADVANCE® account, which must be in your real name.

2.2 Your Account

You will keep your password secret.  You will follow our rules and the law.

Members and Subscribers are account holders. You agree to: (1) choose a strong and secure password; (2) keep your password secure and confidential; and (3) follow our list below of Do’s and Don’ts. You are responsible for your account.

If the Services were purchased by another party as a Subscriber for you to use or access on their behalf, the party paying for such Service as a Subscriber may have the right to control access to and use the Service.

2.3 Payment

Selected Services we may offer to individual Members may have fees associated with them. If so, and if you are a Member who purchases a Service that we offer for a fee, you will honor your payment obligations and agree to ADVANCE® storing your payment information.

If you are a Subscriber to our Services there will be fees associated with the Services you purchase. These fees may be fees that recur annually, at other intervals, or one time. Failure to pay these fees will result in the termination of your paid Services. You also agree that:

  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees applicable to that period. To avoid future charges, you must cancel before the renewal date as set forth in your Subscriber Agreement.

2.4 Notices and Service Messages

You agree to receive notices from ADVANCE® through our website and direct contact based on the contact information you provided to us. If the contact information you provide is out of date, you may miss important notices.

You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

2.5 Limits

We have the right to limit how you connect to and interact with our Services.

ADVANCE® reserves the right to restrict, suspend, or terminate your account if ADVANCE® believes that you may be in breach of this User Agreement or applicable State or Federal laws or are misusing the Services (e.g. violating any Do’s and Don’ts).

2.6 Service Availability

We may change, suspend or terminate any Service, or change and modify prices at our discretion.  We may upgrade, change, or discontinue any of our Services. We encourage you to also properly maintain and store your own professional information, so that you can review and verify our records of your professional information.  We are not responsible for any loss of, errors, or omissions in your professional information.

  1. Rights and Information

3.1. Pharmacy ProfilesTM

ADVANCE® uses information from Pharmacy ProfilesTM, a service that gathers and aggregates publicly available and other third-party information on individuals and pharmacies, self-attested information by Members, employer-provided information about pharmacists, and information maintained by state licensing authorities, government, disciplinary and other agencies. Some of this information is validated by third-party organizations.

3.2. Information from Members

When you as a Member self-attest, confirm, or otherwise provide information about yourself, you promise to only provide information that is truthful.

With respect to any information you as a Member provide to ADVANCE® about yourself, you grant ADVANCE® and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to access, store, use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.

3.3 Our Use of Member Information

As stated above and on our site, ADVANCE® is a professional development tool for pharmacists, student pharmacists and pharmacy technicians to easily create a personalized plan that purposefully aligns professional and personal opportunities, interests and experiences to drive individual growth and achieve incremental goals. We receive information from a number of sources to inform the functionality of the platform. This includes receiving information from Subscribers about the population of individuals with which they are affiliated, including both individuals who are Members and those who are not Members.

3.4 Members Who Close their Account

When a Member closes his or her account, ADVANCE® will retain their information. Certain information may continue to be available to their current employer if they are a Subscriber to ADVANCE®. It will not be available or visible to others.  The information in their account may include assessment or evaluation results, continuing professional education completion, and subscriber requirement completion.

3.5 Intellectual Property Rights

ADVANCE® reserves all intellectual property rights within the Services. Using the Services does not give you ownership of our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. ADVANCE®, and ADVANCE®’s trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of ADVANCE®.

3.6 Suggestions and Feedback

By submitting suggestions or other feedback regarding our Services to ADVANCE®, you agree that ADVANCE® can (but is not required to) use and share such feedback for any purpose without compensation to you.

  1. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, ADVANCE® AND ITS AFFILIATES (AND THOSE THAT ADVANCE® WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS ADVANCE® HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS USER AGREEMENT), ADVANCE® AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. INCORRECT OR OUTDATED INFORMATION, DOWN TIME OR LOSS, USE OF, OR CHANGES TO INFORMATION).

IN NO EVENT SHALL THE LIABILITY OF ADVANCE® AND ITS AFFILIATES (AND THOSE THAT ADVANCE® WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) TWICE THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR SERVICES, IF ANY, OR (B) US $1,000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ADVANCE® AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF ADVANCE® OR ITS AFFILIATES HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME STATE LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

  1. Termination

Both you and ADVANCE® may terminate this User Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Sections 3.3, 3.4, 4, 6 and 7 of this User Agreement;
  • Any amounts owed by you prior to termination remain owed after termination.
  1. Dispute Resolution

In the unlikely event we end up in a legal dispute, we agree to resolve it in the courts of the District of Columbia using District of Columbia law.

  1. General Terms

Here are some important details about how to read the Agreement.

If a court with authority over this Agreement finds any part of it not enforceable, you and ADVANCE® agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and ADVANCE® agree to ask the court to remove that part that is unenforceable and still enforce the rest of this Agreement.

If ADVANCE® does not act to enforce a breach of this Agreement, that does not mean that ADVANCE® has waived its right to enforce this Agreement.  There are no third-party beneficiaries to this Agreement.

You agree that the only way to provide us legal notice is at the addresses provided in Section 9.

  1. ADVANCE® “Do’s” and “Don’ts”

8.1. Do’s

You agree that you will:

  1. Comply with all applicable state and Federal laws;
  2. Provide accurate information to us and keep it updated;
  3. Use your real name;
  4. Use the Services in a professional manner.

8.2. Don’ts

You agree that you will not:

  1. Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest;
  2. Create a false identity on ADVANCE®, or claim the identity of any person other than yourself;
  3. Use or attempt to use another’s account;
  4. Use the platform to defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights or safety of others or APhA;
  5. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
  6. Bypass or circumvent any access controls or Service use limits;
  7. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of ADVANCE®, except as authorized in a Subscription or Customer agreement or other contract with ADVANCE®;
  8. Violate the intellectual property or other rights of ADVANCE®, including, without limitation, (i) copying or distributing our technology; or (ii) using the word “ADVANCE” or our logos in any business name, email, or URL;
  9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  10. Rent, lease, loan, trade, sell/re-sell access to the Services or related data;
  11. Sell, sponsor, or otherwise monetize any Service or any aspect of the platform without ADVANCE®’s consent;
  12. Remove any copyright, trademark or other proprietary rights notices contained in or on our Service, or remove, cover or obscure any advertisement included on the Services;
  13. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  14. Monitor the Services’ availability, performance or functionality for any competitive purpose;
  15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  16. Overlaying or otherwise modifying the Services or their appearance;
  17. Access the Services except through the interfaces expressly provided by ADVANCE®;
  18. Use a Service for any purpose that it is not intended for;
  19. Override any security feature of the Services; and/or
  20. Violate any additional terms concerning a specific Service that are provided when you sign up for, subscribe to, or start using such Service.
  1. How to Contact Us

If you want to send us notices, please contact us at:

ADVANCE®

2215 Constitution Avenue NW

Washington, DC 20037

info@aphaadvance.com

PHARMACY PROFILES USER AGREEMENT

  1. Introduction

1.1 User Agreement

When you use our Services, you agree to all of the terms contained in this User Agreement. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your information.

You agree that by clicking “Sign Up,” “Claim My Profile,” or similar language, or registering on our site, or accessing or using our Services (described below), you are agreeing to enter into a legally binding agreement with Pharmacy Profiles. If you do not agree to this User Agreement, do not click “Sign Up,” “Claim My Profile” (or similar language), and do not access or otherwise use any of our Services.

Your use of our Services is also subject to our Privacy Policy. Please be sure to review it as well.

1.2 Your Profile

If you are signing up as a pharmacist, student pharmacist or other type of Member (see below), then by signing up for Pharmacy Profiles, you are also agreeing and consenting to the following:

  • Pharmacy Profiles populating your Profile with information from organizations that may include the Accreditation Council for Pharmacy Education (ACPE), American Pharmacists Association (APhA), National Association of Boards of Pharmacy (NABP), National Council of Prescription Drug Programs (NCPDP), American Association of Colleges of Pharmacy (AACP), credentialing organizations, and schools of pharmacy.
  • ACPE, APhA, NABP, NCPDP, AACP and others transferring from their systems appropriate information including, for example, your day and month of birth, to Pharmacy Profiles to assist it in populating your Profile. The information transferred to Pharmacy Profiles will NOT include credit card numbers or full Social Security numbers, if and to the extent that these organizations may have such information.
  • Pharmacy Profiles populating your Profile with other professional information from other publicly available or third-party sources.

Participation in Pharmacy Profiles is voluntary and does not replace your continuing education credits being made available to the state boards of pharmacy that you have designated in CPE Monitor for relicensure reporting.

We encourage you to visit your Profile often and keep it up to date. Please also review your privacy and other settings, as they will affect what information may be made visible or available to employers, health plans, and other users of Pharmacy Profiles’ services.

1.3 Who this User Agreement Applies to

This User Agreement applies to Pharmacy Profiles.com and other Pharmacy Profiles-related sites, communications, and services that state they are offered under this User Agreement (“Services”). Registered pharmacists, student pharmacists and other types of users of our Services are “Members.” Pharmacist employers, health plans, payers, pharmacy networks, schools of pharmacy and others who contract for ongoing access to information about our Members are “Subscribers.” Other customers obtaining Services from us are “Customers.” Other people accessing or visiting our site are “Visitors.” This User Agreement applies to all of the above.

When you sign up for and join Pharmacy Profiles, you become a Member, a Subscriber, or a Customer. If you have chosen not to sign up for our Services, you may access certain features as a Visitor.

Subscribers or Customers of Pharmacy Profiles will also be subject to the terms of separate Subscriber Agreements or Customer Services Agreements that will detail the Services to be provided, reporting, fees, and other terms and conditions of participation and service, which, if different from this User Agreement, will take precedence over this User Agreement.

1.4 Pharmacy Profiles

You are entering into this User Agreement with Pharmacy Profiles LLC (also referred to as “we” and “us”). Pharmacy Profiles LLC is a subsidiary of the American Pharmacists Association.

1.5 Change

We may modify this User Agreement and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice on our site or as part of our Services to you, or by other means, to provide you the opportunity to review the changes. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

  1. Obligations and Limits

2.1 Service Eligibility

Here are the promises you make to us in this User Agreement:

You are eligible to enter into this User Agreement. If you are a Member, you currently have or have previously obtained a license as a pharmacist in at least one state or territory in the United States; you are a current student pharmacist; or you are a faculty member at a school of pharmacy that is a subscriber to Pharmacy Profiles or the American Pharmacist Association’s ADVANCE® service.

To use the Services as a Member, you agree that you will only have one Pharmacy Profiles account, which must be in your real name.

2.2 Your Account

You will keep your password secret. You will follow our rules and the law.

Members, Subscribers and Customers are account holders. You agree to: (1) choose a strong and secure password; (2) keep your password secure and confidential; and (3) follow our list below of Do’s and Don’ts. You are responsible for your account.

If the Services were purchased by another party as a Subscriber or Customer for you to use or access on their behalf, the party paying for such Service as a Subscriber or Customer has the right to control access to and use the Service.

2.3 Payment

There is no charge for pharmacists, student pharmacists or other authorized users to enroll as Members of Pharmacy Profiles. Selected Services we may offer to Members may have fees associated with them. If so, and if you are a Member who purchases a Service that we offer for a fee, you will honor your payment obligations and agree to Pharmacy Profiles storing your payment information.

If you are a Subscriber to or a Customer of our Services (pharmacist employer, health plan, payer, etc.), there will be fees associated with the Services you purchase. These fees may be fees that recur annually, at other intervals, or one time. Failure to pay these fees will result in the termination of your paid Services. You also agree that:

  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees applicable to that period. To avoid future charges, you must cancel before the renewal date.

2.4 Notices and Service Messages

You agree to receiving notices from Pharmacy Profiles through our website and direct contact based on the contact information you provided to us. If the contact information you provide is out of date, you may miss important notices.

You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

2.5 Limits

We have the right to limit how you connect to and interact with our Services.

Pharmacy Profiles reserves the right to restrict, suspend, or terminate your account if Pharmacy Profiles believes that you may be in breach of this User Agreement or law or are misusing the Services (e.g. violating any Do’s and Don’ts).

2.6 Service Availability

We may change, suspend or terminate any Service, or change and modify prices at our discretion. We may change or discontinue any of our Services.

While our mission is to provide a single-source repository of the nation’s pharmacist providers, our storage and presentation of your professional information is not a substitute for your storage and safeguarding of your own professional information. We encourage you to also properly maintain and store your own professional information, so that you can review and verify our records of your professional information. We are not responsible for any loss of, errors, or omissions in your professional information.

  1. Rights and Information

3.1. Pharmacy Profiles: Member Information

Pharmacy Profiles gathers and aggregates publicly available and other third-party information on Members and pharmacies, self-attested information by Members, employer-provided, school of pharmacy-provided and other subscriber-provided information about Members, and information maintained by state licensing authorities, government, disciplinary, credentialing, and other agencies.

Some of this information is validated by third-party organizations. We also rely on Members to self-attest to the information they provide.

3.2. Pharmacy Profiles: Information from Members

When you as a Member self-attest, confirm, or otherwise provide information about yourself, you promise to only provide information that is truthful.

With respect to any information you as a Member provide to Pharmacy Profiles about yourself, you grant Pharmacy Profiles and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.

You agree that we may access, store and use any information that you provide.

3.3 Pharmacy Profiles: Our Use of Member Information

As stated above and on our site, our mission is to serve as a trusted and verified repository of the nation’s pharmacist providers, to enable the nation’s pharmacists, student pharmacists and other authorized users to manage their professional information all in one place, and to provide a single source for pharmacist employers, health plans, payers, government, schools of pharmacy and others to validate professional information about pharmacists, student pharmacists and other authorized users..

We receive information from a number of sources in furtherance of our mission. This includes receiving information that may include demographics, credentials and qualifications for Members and non-Members.

We will not make available to Subscribers or Customers the email addresses or contact information of Members.

3.4 Members Who Close their Account

When a Member closes his or her account, we will retain their information. That information will continue to be available to their current employer, school of pharmacy, pharmacy network, etc. if they are a Subscriber to Pharmacy Profiles. It will not be available or visible to others. The information in their account may include credentials, qualifications or other information.

3.5 Intellectual Property Rights

Pharmacy Profiles reserves all of its intellectual property rights in the Services. Using the Services does not give you ownership of our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Pharmacy Profiles, and Pharmacy Profiles’ trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Pharmacy Profiles.

3.6 Suggestions and Feedback

By submitting suggestions or other feedback regarding our Services to Pharmacy Profiles, you agree that Pharmacy Profiles can (but is not required to) use and share such feedback for any purpose without compensation to you.

  1. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, PHARMACY PROFILES AND ITS AFFILIATES (AND THOSE THAT PHARMACY PROFILES WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PHARMACY PROFILES HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS USER AGREEMENT), PHARMACY PROFILES AND ITS AFFILIATES (AND THOSE THAT PHARMACY PROFILES WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. INCORRECT OR OUTDATED INFORMATION, DOWN TIME OR LOSS, USE OF, OR CHANGES TO INFORMATION).

IN NO EVENT SHALL THE LIABILITY OF PHARMACY PROFILES AND ITS AFFILIATES (AND THOSE THAT PHARMACY PROFILES WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) TWICE THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR SERVICES, IF ANY, OR (B) US $1,000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PHARMACY PROFILES AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PHARMACY PROFILES OR ITS AFFILIATES HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

  1. Termination

Both you and Pharmacy Profiles may terminate this User Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Sections 3.3, 3.4, 4, 6 and 7 of this User Agreement;
  • Any amounts owed by you prior to termination remain owed after termination.
  1. Dispute Resolution

In the unlikely event we end up in a legal dispute, we agree to resolve it in the courts of the District of Columbia using District of Columbia law.

  1. General Terms

Here are some important details about how to read the Agreement.

If a court with authority over this Agreement finds any part of it not enforceable, you and Pharmacy Profiles agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and Pharmacy Profiles agree to ask the court to remove that part that is unenforceable and still enforce the rest of this Agreement. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If Pharmacy Profiles does not act to enforce a breach of this Agreement, that does not mean that Pharmacy Profiles has waived its right to enforce this Agreement. There are no third-party beneficiaries to this Agreement.

You agree that the only way to provide us legal notice is at the addresses provided in Section 9.

  1. Pharmacy Profiles “Do’s” and “Don’ts”

8.1. Do’s

You agree that you will:

  1. Comply with all applicable laws;
  2. Provide accurate information to us and keep it updated;
  3. Use your real name;
  4. Use the Services in a professional manner.

8.2. Don’ts

You agree that you will not:

  1. Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest;
  2. Use an image that is not your likeness or a head-shot photo for your profile;
  3. Create a false identity on Pharmacy Profiles, or claim the identity of any person other than yourself;
  4. Use or attempt to use another’s account;
  5. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
  6. Bypass or circumvent any access controls or Service use limits;
  7. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Pharmacy Profiles, except as authorized in a Subscription or Customer agreement or other contract with Pharmacy Profiles;
  8. Violate the intellectual property or other rights of Pharmacy Profiles, including, without limitation, (i) copying or distributing our technology; or (ii) using the word “Pharmacy Profiles” or our logos in any business name, email, or URL;
  9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  10. Rent, lease, loan, trade, sell/re-sell access to the Services or related data;
  11. Sell, sponsor, or otherwise monetize any Service without Pharmacy Profiles’ consent;
  12. Remove any copyright, trademark or other proprietary rights notices contained in or on our Service, or remove, cover or obscure any advertisement included on the Services;
  13. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  14. Monitor the Services’ availability, performance or functionality for any competitive purpose;
  15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  16. Overlaying or otherwise modifying the Services or their appearance;
  17. Access the Services except through the interfaces expressly provided by Pharmacy Profiles;
  18. Use a Service for any purpose that it is not intended for;
  19. Override any security feature of the Services; and/or
  20. Violate any additional terms concerning a specific Service that are provided when you sign up for, subscribe to, or start using such Service.
  1. How to Contact Us

If you want to send us notices or service of process, please contact us at:

Pharmacy Profiles LLC

2215 Constitution Avenue NW

Washington, DC 20037

info@pharmacyprofiles.com